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Employee Relations

Progressive discipline leads to termination for cause for poor performance

I sometimes hear lawyers tell the clients that upholding just cause for poor performance is almost impossible. Not so if the employer does it right.

 

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Conscionability of release not appropriate for resolution by summary judgment

Is the issue of the “conscionability” of a full and final release, signed as part of a severance negotiation and purporting to release claims to long-term disability benefits, the kind of issue appropriate for resolution by way of summary judgment?

 

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8 tips on keeping an investigation confidential

Investigations contain sensitive material that must always be kept confidential, a standard which has been adopted in the Ministry of Labour’s Code of Practice.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with expected salary increases in 2020, worker reluctance to admit mental illness at work and discriminatory hiring practices.

 

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Ministry of Labour inspections

The Ministry of Labour has been busy implementing its Healthy and Safe Ontario Workplaces Strategy. Introduced by the previous Wynne government, the initiative has focused on small Ontario industrial businesses. A small business is one with fewer than 50 workers.

 

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Beyond “9 to 5”: Understanding Ontario’s overtime rules

Aside from some “tweaks”, not much has changed when it comes to the Ontario’s overtime rules in many years. Why then do I see so much employer non-compliance?

 

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Further updates regarding proposed pay transparency obligations in the federal sector

Further to our updates provided regarding the delayed implementation of the Pay Transparency Act (which can be found here), the federal government has recently released proposed amendments to legislation which would impose pay transparency requirements.

 

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Can accommodation include a reduction in pay?

One issue that arises occasionally when an employee is being accommodated is whether the employer can adjust their compensation to bring it in line with their new reduced hours and/or duties.

 

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Recent study regarding gender gaps – the effects of pay transparency

On September 16, 2019, Statistics Canada released results of a study dealing with pay transparency and the gender pay gap.

 

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Can behaviours associated with a sex addiction merit employee dismissal?

A recent Nova Scotia labour arbitration decision suggests that employers may not have to accommodate employees who have medically diagnosed sex addiction where behaviours associated with such an addiction clearly justify discipline or termination.

 

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When should an employer issue an ROE in case of separation of employment?

Section 19(3)(i) of the Employment Insurance Regulations (SOR/96-332) states that an employer must issue the Record of Employment (ROE) within 5 days after the employee’s earnings are “interrupted.”

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with 2020 EI premium rate and maximum insurable earnings, bad faith terminations and aggravated damages.

 

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Recent case assessment direction and “creed”

religious discrimination

The Halton District Catholic School Board posted a job advertisement for a contract position. The applicant replied to the advertisement, and when he was not selected for the position he filed a complaint at the Human Rights Tribunal of Ontario alleging discrimination on the ground of creed.

 

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Resignations: employers saddled with burden to investigate

When it comes to resignations, the facts matter and the decision of Nagpal v. IBM certainly proves it. In another notable case on resignations in Ontario, Schabas J. had to determine whether an employee’s failure to return to the workplace after his disability benefits were denied amounted to voluntary resignation or abandonment of employment.

 

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Truth or lies: Providing employment references

Are you one of the growing numbers of Canadian employers who are reluctant to provide employment references for former employees? Concerned you are going to be sued by a former employee for defamation if your reference is not positive enough?

 

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